MANIAGO VS.

CA
G.R. NO. 104392; FEB. 20, 1992 (253 SCRA 647)
Topic:
Art. 31. (NCC) When the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed independently of the
criminal proceedings and regardless of the result of the latter.
In relation to: (RULE 111, SEC. 1, RULES OF COURT)
Section 1.
Institution of criminal and civil actions. (a) When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately or institutes the civil
action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made before
the prosecution starts presenting its evidence and under circumstances affording the
offended party a reasonable opportunity to make such reservation.
Facts:
Petitioner Maniago was the owner of shuttle buses which were used in transporting
employees of the Texas Instruments, (Phils.), Inc. from Baguio City proper to its plant
site at the Export Processing Authority in Loakan, Baguio City. On January 7, 1990, one
of his buses figured in a vehicular accident with a passenger jeepney owned by private
respondent Boado along Loakan Road, Baguio City. As a result of the accident, a
criminal case for reckless imprudence resulting in damage to property and
multiple physical injuries was filed on March 2, 1990 against petitioners driver,
Herminio Andaya with RTC Branch III, docketed as Criminal Case No. 7514-R. A month
later, on April 19, 1990, a civil case for damages was filed by the same respondent
Boado against petitioner himself, docketed as Civil Case No. 2050-R, was assigned to
Branch IV of the same court. Petitioner moved for the suspension of the
proceedings in the civil case against him, citing the pendency of the criminal case
against his driver and because no reservation of the right to bring it (civil case)
separately had been made in the criminal case. But the lower court denied petitioners
motion on the ground that pursuant to the Civil Code, the action could proceed
independently of the criminal action. CA upheld in which it allowed a civil action
for damages to be filed independently of the criminal action even though no
reservation to file the same has been made. Hence, this petition for certiorari.

ISSUE:
WON despite the absence of such reservation, private respondent may
nonetheless bring an action for damages against petitioner under the
following provisions of the Civil Code:
Art. 2176. Whoever by act or omission causes damage to another, there
being fault or negligence, is obliged to pay for the damage done. Such fault
or negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this
Chapter.
Art. 2180. The obligation imposed by Article 2176 is demandable not only
for ones own acts or omissions, but also for those of persons for whom one
is responsible.
Held:
No. The right to bring an action for damages under the Civil Code must be
reserved as required by Rule 111, 1, otherwise it should be dismissed. To
begin with, 1 quite clearly requires that a reservation must be made to institute
separately all civil actions for the recovery of civil liability, otherwise they will be
deemed to have been instituted with the criminal case.
xxx
Section 1.
Institution of criminal and civil actions. (a) When a
criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense charged shall be deemed
instituted with the criminal action unless the offended party (a)waives
the civil action, (b) reserves the right to institute it separately or (c)
institutes the civil action prior to the criminal action. (Emphasis and
underscoring supplied)
xxx
On the basis of Rule 111, 1-3, a civil action for the recovery of civil liability is, as
ageneral rule, impliedly instituted with the criminal action, except only (1) when such
actionarising from the same act or omission, which is the subject of the criminal action,
is waived;(2) the right to bring it separately is reserved or (3) such action has been
instituted prior tothe criminal action. Even if an action has not been reserved or it was
brought before the institution of the criminal case, the acquittal of the accused will not
bar recovery of civil liability unless the acquittal is based on a finding that the act from
which the civil liability might arise did not exist because of Art. 29 of the Civil Code.

ADDENDUM:
There is a practical reason for requiring that the right to bring an independent civil
action under the Civil Code separately must be reserved. It is to avoid the filing of
more than one action for the same act or omission against the same party.
In the present case, the criminal action was filed against the employee, bus driver. Had
the driver been convicted and found insolvent, his employer would have
been held subsidiarily liable for damages. But if the right to bring a separate civil
action (whether arising from the crime or from quasi-delict) is reserved, there would be
no possibility that the employer would be held liable because in such a case there would
be no pronouncement as to the civil liability of the accused. In such a case the institution
of a separate and independent civil action under the Civil Code would not result in the
employee being held liable for the same act or omission. The rule requiring
reservation in the end serves to implement the prohibition against double
recovery for the same act or omission. As held in Barredo v. Garcia, the
injured party must choose which of the available causes of action for damages he will
bring. If he fails to reserve the filing of a separate civil action he will be deemed to have
elected to recover damages from the bus driver on the basis of the crime. In such a case
his cause of action against the employer will be limited to the recovery of the latters
subsidiary liability under Art. 103 of the Revised Penal Code.
Nor does it matter that the action is against the employer to enforce his vicarious
liability under Art. 2180 of the Civil Code. Though not an accused in the criminal case,
the employer is very much a party, as long as the right to bring or institute a separate
action (whether arising from crime or from quasi delict) is not reserved. The ruling that
a decision convicting the employee is binding and conclusive upon the employer not
only with regard to its civil liability but also with regard to its amount because the
liability of an employer cannot be separated but follows that of his employee27 is true
not only with respect to the civil liability arising from crime but also with respect to the
civil liability under the Civil Code. Since whatever is recoverable against the employer is
ultimately recoverable by him from the employee, the policy against double recovery
requires that only one action be maintained for the same act or omission whether the
action is brought against the employee or against his employer. Thus in Dulay v.
Court of Appeals2 this Court held that an employer may be sued under Art. 2180 of
the Civil Code and that the right to bring the action did not have to be reserved because,
having instituted before the criminal case against the employee, the filing of
the civil action against the employer constituted an express reservation of
the right to institute its separately.